if the nsa can do this now. when we are not engaged in any war, eye mean, there are people that want to kill us but we're not shooting at them. we're about to leave afghanistan and have left iraq. if the nsa can do this in relative peacetime they will continue to do it after the threat goes away and the fourth amendment will just be a piece of paper. >> let's si snowed comes back and is convicted. could this ever get to the supreme court? >> absolutely. that's a great question, rick, because he will make the following argument. i took two oaths. one to keep secret what the government shared with me. another, to preserve, protect, and defend the constitution. i couldn't do both. so, which oath did i follow? he'll say i followed the higher oath, the classic defense of a whistleblower. i did -- i followed the law by obeying the oath to preserve the constitution, by revealing violations of it. question: will a jury accept that? will a judge accept that? will the supreme court accept that? i think this case eventuall